TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Mike Vigliotta, City Attorney
1. Subject
title
Public Hearing to consider introduction and First Reading of Ordinance No. 18-24 Amending Title 17 of the Orange Municipal Code to add a provision related to director interpretations, city exemption from the Zoning Ordinance, tie votes, and to amend the appeal and time extension provisions.
body
2. Summary
The City has proposed changes to update Title 17 of the Orange Municipal Code to add and amend certain provisions to streamline and clarify ambiguities contained in the Orange Municipal Code. Specifically, to add provisions related to director interpretations, city exemption from the Zoning Ordinance, tie votes, and amending the appeal and time extension provisions.
3. Recommended Action
recommendation
1. Conduct and close Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 18.24. An Ordinance of the City Council of the City of Orange Amending Title 17 of the Orange Municipal Code to add provisions related to director interpretations, City exemption from the Zoning Code, tie votes, and amending the Zoning Ordinance’s appeal and time extension provisions.
end
4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service
b: Provide facilities and services to meet customer expectations.
6. Discussion and Background
The Community Development Department has undertaken a review and evaluation of the Zoning Ordinance in order to streamline procedures, clarify ambiguities, and/or address issues that have either not been addressed or are not clearly addressed in the Zoning Ordinance. The proposed Ordinance reflects staff’s edits and the Planning Commission’s recommendation to the City Council.
The following are proposed changes to the Orange Municipal Code (“OMC”):
• The addition of Section 17.02.050 to add “Director Interpretations” to the OMC. This provision grants the Community Development Director with authority to make administrative interpretations whenever an ambiguity exists in the Code. Interpretations would be subject to appeal. The Table at Section 17.08.020 is amended accordingly. This provision is broad and allows for the Director to address not just similar uses but also any Zoning Ordinance language interpretations that may be necessary.
• The addition of Section 17.02.060 to add “Exemption” to the OMC. This provision provides that any activities, developments, and/or projects initiated by the City on City-owned property are exempt from the Zoning Ordinance. This provision saves the City time and effort in preparing applications and reports for projects that have been initiated, or directed, by the City (through staff or City Council), which would ultimately result in an additional, unnecessary approval.
• The addition of subsection (c) to Section 17.08.020(b)(3) to the OMC. This subsection addresses “tie votes” and provides explicitly that a tie vote is not merely a “no action,” as provided by rules of parliamentary procedure, but shall mean a “denial” or, importantly, a “recommendation of denial” as some actions require that the Planning Commission formulate some written recommendation to the City Council. For example, amendments to the Zoning Ordinance and Zoning Map require that “the Planning Commission […] render its decision in written form to the City Council and the report shall include: Reasons for the recommendation; the relationship of the proposed amendment to the general plan and applicable specific plans; and environmental determination.” (Section 17.10.020(B)(2). In some cases, a body may want to have “a resolution of no decision” and such instrument is explicitly included as a possible action.
• The appeal sections contained at Section 17.08.050(A) through (C) and (E) and (F) were amended. Non-substantive changes were made, such as changing “chapter” to” title” to be consistent with the remainder of the Zoning Ordinance. Other language was changed in order to be more precise and concise, and to eliminate redundancies. For example, the subsections regarding hearing date and notice as well as appeal authority were combined (eliminating subsection G) and language was added to provide greater clarity regarding the nature of an appeal as a non-adversarial and evaluative process.
• Finally, Section 17.08.050 was amended to change the manner of processing time extensions, and the time extension (number of years) itself. A time extension would be reviewed by the Planning Commission-a more certain process (rather than “the body providing final approval”). That time extension would be for two years with an administrative determination to be made thereafter, if necessary, by the Community Development Director, for an additional one year.
7. ATTACHMENTS
• Ordinance No. 18-24
• Ordinance No. 18-24 (redline)